Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
No. 04-4220
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Alexander Williams, Jr., District Judge.
(CR-03-146)
Submitted:
Decided:
PER CURIAM:
Samuel Bush Wright was convicted after a jury trial of
one count of conspiracy to steal firearms, in violation of 18
U.S.C. 371, 922(u) (2000), one count of theft of firearms and
aiding and abetting, in violation of 18 U.S.C. 922(u), 2 (2000),
one count of felon in possession of firearms and aiding and
abetting, in violation of 18 U.S.C. 922(g), 2 (2000), and one
count of possession of stolen firearms and aiding and abetting, in
violation of 18 U.S.C. 922(j), 2 (2000).
In
probation
sentencing
as
officer
an
concluded
armed
career
that
Wright
criminal
was
subject
pursuant
to
to
USSG
in
dispute,
$15,768.27
to
Galyans
Sporting
Goods
in
United States v.
record leads us to conclude that the district court did not abuse
its discretion in using the retail value of the stolen handguns as
the
measure
of
the
value
of
the
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firearms
for
purposes
of
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United States v.
not qualify for sentencing under the ACCA, but asserts only a legal
argument against its application in his case.
are foreclosed by this courts precedent.
Wrights arguments
415 F.3d 349, 352-53 (4th Cir.), cert. denied, 126 S. Ct. 640
(2005).
Wright also argues that the MVRA is unconstitutional
facially and as applied in his case because its application caused
an increase in his sentence based upon facts not alleged in the
indictment
or
submitted
reasonable doubt.
to
the
jury
for
findings
beyond
apply in his case, but argues that the district courts restitution
order was based on fact-finding that violated the Supreme Courts
decision in Blakely v. Washington, 542 U.S. 296 (2004). Wright did
not assert a Sixth Amendment objection at sentencing, and therefore
this claim is reviewed for plain error.
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(5th
Cir.
2005)
(collecting
cases);
United
States
v.
Visinaiz, 428 F.3d 1300, 1316 (10th Cir. 2005); United States v.
King, 414 F.3d 1329, 1330 n.1 (11th Cir. 2005) (collecting cases);
United States v. George, 403 F.3d 470, 473 (7th Cir. 2005).
We
and
materials
legal
before
contentions
the
court
are
adequately
and
argument
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED IN PART,
VACATED IN PART, AND REMANDED
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